City of San Jose Planning: Island Annexations

This page outlines the main outcomes and changes that can be expected upon annexation. It includes a summary of service changes, an overview of city services, and information on land use and development in the City. More detailed information is provided in the Annexation Answer Book.

Once annexation of an area is completed, the responsibility for providing services to its residents will transfer from the County of Santa Clara to the City of San José. The following table summarizes the changes that will occur as these services are transferred between the two governments.

	County of Santa Clara	City of San José
Services
Police	County Sheriff, California Highway Patrol, San Jose Police Dept	San Jose Police Dept
Fire Protection	Santa Clara County Fire Dept, San Jose Fire Dept	San Jose Fire Dept
Schools	No Change
Libraries	County Libraries	City of San Jose Libraries
Sidewalks	Not required	Required only as part of a major development
Street Sweeping	By request	Once a month
Taxes and Assessments (for Single Family Residences)
Property Tax	No Change
Business Tax	None	$150 per year (1-8 employees) + $18 per employee over eight
Utility User's Tax	None	5% applied to all utility bills
Garbage Collection	$19.22 - $31.94/month (32-gallon cart) depending upon location	$25.80/month (32-gallon cart) Garbage Rate Assistance
Storm Sewer Service Charge	None	$54.36 / year for single family home $29.76 / year for condo or apartment unit
Sanitary Sewer Charge	Depends upon District $161-$328 / year for single family $92-$196 / year for condo or apartment unit	$282.72 / year for single family home $161.04 / year for condo or apartment unit
Street Lighting	Variable by geographic zone (Up to $35.47 / year)	None
Libraries	$33.66 annual parcel tax assessment	$25.50 annual parcel tax assessment

It is the goal of the City of San José to provide a full range of City services to the community at a level that provides for a safe, convenient and pleasant place to live and work. These services include:
Transportation – The planning, operation, and maintenance of the City’s transportation system to facilitate the efficient and safe movement of vehicles, pedestrians, and public transportation.
Public Works– The planning, design and construction of public facilities and infrastructure systems to enhance the quality of life for the residents of San José.
Storm Drainage and Flood Control – Providing and maintaining facilities that minimize potential damage due to storm waters and flooding.
Wastewater Treatment – Protecting public health through the treatment and cleaning of the wastewater of over 1,500,000 people that live and work in San Jose and surrounding communities.
Solid Waste Collection and Recycling – The collection of garbage and recyclable material to provide a sustainable environment for our residents and businesses while preserving our beautiful and unique natural habitats.
Police Protection – Providing the best police services possible to protect the public and to maintain San Jose as the safest big city in America.
Fire Protection – Providing fire protection, fire prevention and emergency medical services; for the residents of San Jose.
Parks, Recreation and Neighborhood Service - Providing programs and services to meet the recreational needs of City of San Jose residents.
Libraries – Providing library services to meet the educational and literacy needs of all San Jose residents.
Code Enforcement – The promotion and maintenance of a safe and desirable living and working environment.

Annexation Fees
Annexation is generally required for any new development or significant redevelopment project occurring on an unincorporated property. The developer is normally required to pay all of the fees associated with the annexation process in order for the project to go forward. These fees include annexation fees, environmental clearance fees, and County Surveyor’s fee. Because the City has initiated the annexation process for the 58 County islands included within the County Island Annexation Program, the City will pay for all costs associated with the annexation.

Zoning and Permitted Uses
Upon annexation into San José, the land use regulations of the City will take effect. The permitted uses of a particular property will be determined by the zoning district which is applied as part of the pre-zoning process. The City’s Zoning Ordinance regulation is available on the City’s Website at: http://www.sanjoseca.gov/planning/zoning

Legal Non-Conforming Uses and Structures
Any structure which was legally built in the County, but does not conform to City standards (due to different zoning or building regulations), will be recognized as “legal non-conforming” if annexed into the City. Legal non-conforming structures do not need to be modified to meet City standards so long as they remain unchanged. If they are proposed for replacement or for additions, new construction will need to conform to City standards.

Structures and uses in the County without necessary permits (e.g. those that do not have legal status prior to annexation) will most likely remain illegal following annexation into the City of San José.

The County will continue to regulate the use and maintenance of existing septic tanks, regardless of annexation. New septic systems are not permitted if you are within 200 feet of existing sanitary sewer lines. Septic system failure, remodeling, and additions may also require connection to the sanitary sewer system. Upon annexation, residents currently on septic systems are eligible to connect to the City sanitary sewer system. For more details on this process, click here.

Residential Occupancy Permits
The City of San Jose Municipal Code Chapter 17.20 requires all apartment houses with 3 or more units, emergency residential shelters, guesthouses, motels, hotels, fraternities, sororities and residential service facilities to obtain an annual Residential Occupancy Permit from the Department of Planning, Building and Code Enforcement. State licensed residential care facilities for 7 or more clients are also required to have a Residential Occupancy Permit.

Residential Occupancy Permits are renewed annually and permit fees are due in December. The annual permit fee pays for the cost of routine Fire and Housing inspections, complaint response inspections and administration of the City’s rental mediation program. The housing fee per unit is $33.65. The rent mediation fee per unit is $9.09. Permit holders are also required to have a valid business license from the Finance Department. The municipal code requires that the Residential Occupancy Permit be displayed on the permitted building in a location where it can be readily seen.

An initial inspection is conducted prior to the issuance of the residential occupancy permit. Please contact the Multiple Housing Program Manager Mollie McLeod to schedule an appointment. Her direct line is (408) 277-8470 or you may send an email request to mollie.mcleod@sanjoseca.gov

Home Occupations
A home occupation is a business or commercial activity conducted from a single family attached or detached dwelling, duplex, apartment, or mobile home and is clearly incidental to the residential use of the dwelling. A Planning Permit is not required for home occupations. However, all home occupations must conform to criteria set forth in the Municipal Code which include but are not limited to:

Inoperative Vehicles
The City of San José prohibits vehicles from parking on the street for more than 72 hours (3 days). On private property, vehicles are prohibited from being stored on unpaved surfaces (lawns) and inoperative vehicles are prohibited from being stored for more than 72 hours (3 days).